Benefits of Being Married in the United States

What are the Benefits of Being Married?

The benefits of being married are complex and include social, familial, financial, emotional, and other benefits. Marriage may not be the right choice for everyone, but for many, it is the cornerstone of a happy and meaningful existence.

A stable financial situation is yet another important benefit of being married. Married couples may have better financial security as a result of shared spending, combined incomes, and possible tax advantages. Spouses may also be entitled to certain legal and financial safeguards, such as insurance benefits, healthcare benefits, and inheritance rights, which can act as a safety net in difficult times.

The Legal Benefits of Being Married

People who are legally married have a wide range of benefits in the United States, including:

  • Employment benefits—health insurance, bereavement leave and family leave
  • Family benefits:
  • Adoption rights and joint foster care rights
  • The right to a portion of jointly owned property upon separation or divorce
  • Government benefits:
  • Social Security benefits (you may receive your spouse’s Social Security benefits if you are at least 62 or if you are caring for a child under the age of 16)
  • Medicare
  • Disability benefits
  • VA benefits and public assistance
  • Tax and estate planning benefits:
  • the marital tax deduction (you are allowed to transfer any asset to your spouse at any time without paying taxes on that asset)
  • the option to file joint tax returns, which is especially beneficial If one spouse earns significantly more than the other
  • the right to inherit your spouse’s estate without paying an estate tax
  • Medical and death benefits:
  • The right to visit your spouse in the hospital
  • The right to make medical decisions for an incapacitated spouse
  • The right to participate in burial and funeral arrangements
  • Consumer benefits—discounts to families or couples
The Validation of Same Sex Marriage

Over the past two decades, same-sex couples have received more legal recognition in the United States for their right to marry. The United States Supreme Court struck down the Defense of Marriage Act's 2013 definition of marriage as a partnership between a man and a woman. Same-sex couples in states where same-sex marriage was permitted could get federal benefits as a result of that decision. In 2015, the U.S. Supreme Court decided in Obergefell v. Hodges that same-sex couples are entitled to all other marital rights, including the right to marry, as well as any other related legal and financial privileges.

The Court established that states may not refuse to recognize a marriage between same-sex couples if they were granted that privilege by citing the Equal Protection and Due Process portions of the Fourteenth Amendment. Furthermore, it found that states may not refuse to recognize same-sex partnerships that have been legally completed in another state. Same-sex unions are now permitted across the country as a result of this decision. Prior to the Supreme Court's Obergefell decision, same-sex unions were permitted in 37 states.

Common Law Marriage

Common law marriages are those that are recognized by state law without the requirement for a license, ceremony, or further documentation. A common law marriage is formed between a man and a woman who "hold themselves out as such," that is, who perceive themselves as husband and wife. A common law marriage is recognized and acknowledged as such by any two persons who view themselves as married or who simply act as such; it is not need to last for a specific length of time. It appears that only seven states—Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, and Texas—recognized common law marriage as of 2019. Common law marriages are also recognized in the District of Columba. In New Hampshire, common-law unions are recognized exclusively for the limited purpose of probate.

Domestic Partnership

Prior to being allowed to marry, same-sex couples often entered into domestic partnerships, sometimes referred to as civil unions, which have some benefits similar to those of marriage. Unlike a common law marriage, a domestic partnership is typically a formal legal arrangement that requires registration in order to be recognized. Gender is not a deciding factor in domestic relationships; nonetheless, the partners must live together or have a permanent domicile, be older than eighteen, be unrelated to one another, and have never been in a previous domestic relationship. Among the benefits provided to spouses, domestic partners may be eligible for health insurance or medical leave; eligibility may differ depending on local laws. Most or all domestic partnerships registered in the state were legally converted to marriages when some states, including Washington, began to allow same-sex marriages.

 

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